Lakshmi v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty Fourth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6818 of 2022 LAKSHMI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLCIE, CCIW -CID POLICE STATION, TIRUVALLUR.
CR.NO.1/2022.
For Petitioner : M/S. G.N.NARASIMMAN Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 408, 477(A) of IPC, in Crime No.1 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The petitioner is the sales women in the Co-operative LPG cylinder outlet. During the year 2015, mis-appropriation of sales proceed of LPG Cylinder came to be light and the departmental enquiry indicated that the tune of Rs.19,88,294/- was mis-appropriated by the salesman and Junior Assistant of the Society. This petitioner is arrayed as A3 and was working as Sales Women and from the 87 proceedings initiated by the department, it was found that she was misappropriated a sum of Rs.2 lakhs out of total mis-appropriation of around Rs.20 lakhs.
3. The learned counsel for the petitioner says that after the enquiry report, the petitioner has paid entire money with interest and are facing departmental enquiry, arrest in this case is not required and she is ready to abide any condition and co-operate with the investigation.
4. The FIR report indicates that the occurrence took place between the year 2013 -2017 and the crime has been come to live after auditing of the accounts. Even, according to FIR , the total amount of mis-appropriation by this petitioner along with A4 has misappropriated Rs.1,52,588/- and the same amount has already been deposited. Since the money mis-approriated had already been deposited it may though not exonerate the criminal liability of the petitioner and the custodial interrogation is not required.
5. In view of the above facts, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Utukkottai, Tiruvallur District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand Only), with two sureties, each for a like sum to the satisfaction of the learned Magistrate, failing which the anticipatory bail shall stand canceled and on further condition that:
(a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall report before the Investigating Officer as and when required for interrogation.
(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;
(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 24/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, UTHUKOTTAI, TIRUVALLUR DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR DISTRICT. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLCIE, CCIW -CID POLICE STATION, TIRUVALLUR.
+1 CC to M/S. G.N.NARASIMMAN Advocate on payment of necessary charges SR.NO.4499 CRL OP.6818/2022 Date :24/03/2022 TA-30/03/2022